26 Ga. App. 163 | Ga. Ct. App. | 1921
1. In all cases of bailment, after proof of loss, the burden of proof is on the bailee to show proper diligence. Civil Code (1910), § 3469. Therefore, where property is delivered to a bailee who holds it for hire, and in a suit by the bailor it is pleaded that because of the negligence of the bailee the property so delivered has been destroyed by fire, upon proof of the allegations laid in the petition the onus is placed upon the bailee of showing that he exercised due care and diligence in protecting and keeping the property. McDonald v. Hardee, 22 Ga. App. 96 (95 S. E. 320), and case cited;. Morris Storage & Transfer Co. v. Wilkes, 1 Ga. App. 751 (58 S. E. 232) ; Park v. Swann, 20 Ga. App. 39 (92 S. E. 398). The charge of the court as complained of in the first ground of the amendment to the motion for a new trial, when the charge as a whole upon the subject is read, was not error.
2. There is no error requiring a new trial because of the charge of the court upon the subject of impeachment. See Scoggins v. State, 23 Ga. App. 366 (98 S. E. 240).
3. All the assignments of error upon the rulings on the question of admit
Judgment affirmed.